Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 PETITIONER/S: THOMAS JICKSON AGED 36 YEARS S/O JOSEPH, KALLUVEETTIL HOUSE, VALLARPADAM P.O, ERANAKULAM DISTRICT, PIN - 682504 BY ADVS. GEORGEKUTTY MATHEW R.PREM SANKAR RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAN, PIN - 695001 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THE OFFICE OF DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION THE OFFICE OF DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, CIVIL STATION KAKKANADU, PIN - 682030 4 THE DISTRICT EDUCATIONAL OFFICER ERNAKULAM THE OFFICE OF THE DISTRICT EDUCATION OFFICER ERNAKULAM KANAYANNOR P.O. ERNAKULAM, PIN - 682312 5 THE MANAGER HSS OF JESUS, KOTHAD P.O. ERNAKULAM DISTRICT, PIN -
OTHER PRESENT: SRI. K. M. FAIZAL - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 25th day of April, 2024 The petitioner who was working as physical education teacher at Higher Secondary School of Jesus, Kothad has approached this Court with the following prayers:-
(I) Issue a writ of certiorari calling for the records leading to Ext.P1 and quash the same as arbitrary and illegal.
(ii) Declare that the Petitioner is entitled to
continue in the post of physical education teacher in the light of chapter XXIII Rule VI (4) of Kerala Education Rules, exhibit P2 curriculum and exhibit P6 order, in interest of justice.
(iii) Issue a writ of mandamus directing the 3rd Respondent to give chance of being heard to the Petitioner while considering exhibit P4 representation pursuant to Ext.P5 order, in the interest of justice.
(iv) Dispense with filing of the translation of vernacular documents.
(v) To grant such other reliefs just and proper in the facts and circumstances of this case.(SIC)
2. The grievances of the petitioner is that,
consequent to Ext.P1 staff fixation order, the post of the petitioner was abolished and the petitioner has been terminated from the service. Being the aggrieved by the same, the petitioner filed Ext.P7 appeal which is now pending before the 3rd respondent.
3. The limited prayer sought by the petitioner is
for a direction to the 3rd respondent to consider and pass appropriate orders within a time frame. After hearing the learned counsel for the petitioner and the learned government pleader, this writ petition is disposed of directing the 3rd respondent to take up Ext.P7 and pass appropriate orders, in accordance with law, after hearing the petitioner. Appropriate orders in this regard shall be passed within a period of two months from the date of receipt of copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE SM APPENDIX OF WP(C) 14783/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER BEARING NO. 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER BEARING NO. QIP (2)/29920/15/DPI DATED 06.06.2015 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER BEARING NO. FL/5045/2023 DATED 30/11/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HONORABLE MINISTER FOR EDUCATION ON 09/09/2023 Exhibit P5 TRUE COPY OF THE LETTER BEARING NO.
DGE/1197/2024-EC3 DATED 26/01/2024 IN THIS REGARD ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER Exhibit P 6 TRUE COPY OF THE ORDER BEARING NO. HSE/117656/2023-ACD DATED 07/12/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 09.04.2024 WITHOUT ANNEXURES SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE